You may not have enough saved in case of a catastrophic or serious injuries after a vehicle collision. You may not be able to work for a period of time after the crash. You may suffer emotional effects related to your physical injuries, such as depression, mental anguish or distress. If you were injured through the fault of another driver or the owner of an improperly maintained road, you should talk to the seasoned Quincy car accident attorneys of Brabant & Huynh, LLP about whether you have grounds to sue for damages. Bear in mind that the insurer for the other party to the accident is not on your side, and you should retain an attorney who can advocate for you in the most persuasive way, both with insurance adjustors and in front of a jury.Suing for Damages After a Collision
Massachusetts is a no-fault state. This means your first step after being injured in a car crash is to make a claim against your own personal injury protection (PIP) coverage for a portion of your medical treatment and other out-of-pocket costs. You can only sue an at-fault driver for injuries arising out of a car accident in court, if they meet a certain threshold set by state law and are considered serious, either in terms of the cost to treat them or the severity of injury. Once liability is established in that case, pain and suffering and other economic losses may be recovered.Liability for Collisions
In order to show the fault of another driver, you’ll need to prove: (1) the other driver owed you a standard of care while operating his car, (2) breach of the standard of care, (3) the breach caused your injuries, and (4) damages. Each element must be proven by a preponderance of the evidence. As Quincy attorneys who serve car accident victims we may be able to establish a breach of care by proving that another driver was speeding, tailgating, weaving, failing to obey traffic signs and signals, failure to yield, rear-ending, failing to maintain their cars, or drunk driving. For example, if another driver ran a red light and plowed into you while you had right-of-way through an intersection, and you sustained catastrophic injuries in the resulting broadside collision you may be able to recover your damages in a personal injury lawsuit.
You should be aware that the defendant’s insurer and attorney will be looking for ways in which you were at fault for your own injuries. Massachusetts follows the doctrine of comparative negligence. Under this doctrine, a plaintiff’s damages will be reduced by an amount equal to his or her fault. A plaintiff is barred from recovery if she is found 51% or more at fault for the car accident. For example, if your damages were $500,000 and another driver was 50% at fault for weaving in and out of traffic, and you were 50% at fault for texting while driving, you would only be able to recover $250,000 from the other driver.
The Commonwealth follows the rule of pure joint and several liability. Any defendant who is found at fault, however the small the fault, can be held responsible for the total amount of damages owed to you. After a complex accident, it may be necessary of our car accident attorneys in Quincy to retain an accident reconstruction expert to make sure all responsible parties are held to account, because there may be limits to coverage. Potentially responsible parties could include multiple drivers, a mechanic, a manufacturer, or a property owner.Damages
Damages in a car accident lawsuit are typically compensatory. They are meant to make up for losses occasioned by serious injuries sustained in an accident. They may include medical bills, lost wages, lost earning capacity, out-of-pocket costs, loss of consortium, loss of enjoyment, and pain and suffering. Usually, punitive damages are not available for injuries arising out of a car crash. However, in Massachusetts, you may be able to recover punitive damages where a loved one’s death was caused by a drunk driver’s gross negligence, or reckless, willful, or malicious misconduct.Retain an Experienced South Shore Car Crash Attorney
You may find yourself unable to afford the losses that result from serious injuries. The seasoned Quincy car accident attorneys of Brabant & Huynh may be able to represent you in a lawsuit for damages. We also represent those injured in accidents in Dorchester, Mattapan, Milton, Dedham, Canton, Stoughton, Randolph, Holbrook, Braintree, Weymouth, Hingham, Brockton, Bridgewater, Avon, Hanover, Abington, and Norwell. Complete our online form or call us for a free consultation at (617) 934-0913.